The Daily Wire has filed an update in its legal challenge to the federal vaccine mandate for private businesses, asking the court not to grant the Occupational Safety and Health Administration’s (OSHA) request to lift the stay on the Biden administration’s COVID-19 vaccine mandate for employers of company’s with 100 or more employees.
If employers of 100 employees fail to comply with the OSHA mandate, the Biden administration may impose fines of $13,653 per violation — and $136,532 for “willful or repeated” violations.
“OSHA’s radical power grab is unconstitutional, not authorized by statute, and fails to satisfy the basic requirements for an ETS,” The Daily Wire’s update noted. “OSHA’s arguments are so outlandish, they can only be understood as post hoc excuses for a general vaccine mandate masquerading as a workplace safety rule.”
In response, The Daily Wire is submitting “three expert declarations that highlight the inconsistencies and inadequacies of OSHA’s justifications.”
The Justice Department’s request to lift the stay came more than two weeks after the order was originally stayed by the Fifth Circuit.
“Before the various petitions for review were assigned to this Court, the Fifth Circuit granted a stay and enjoined the implementation and enforcement of the Standard,” the petition states, referring to the OSHA rule. “The Fifth Circuit’s stay should be lifted immediately.”
The Fifth Circuit stayed the OSHA regulation on November 6, citing “grave statutory and constitutional issues.” A three-judge panel at the court later wrote that the regulation “grossly exceeds OSHA’s statutory authority.”
In a press release accompanying the original lawsuit, The Daily Wire stated, “The mandate is unconstitutional because the Constitution does not grant Congress — much less OSHA — the general police powers needed to mandate vaccination and virus testing as a condition of private employment, or to deputize employers to enforce that mandate on its behalf.”
The Daily Wire was the first organization to challenge the rule in the 6th Circuit Court of Appeals. The Daily Wire reported in November:
The Dhillon Law Group and Alliance Defending Freedom are representing The Daily Wire in its suit. They filed the legal challenge against the Biden administration on November 4, hours after OSHA published roughly 500-pages worth of regulations and standards explaining the rule.
The rule mandated all companies with 100 employees or more require their workers to either be vaccinated or submit to regular COVID-19 testing. The order penalized companies up to about $14,000 for every serious violation, and up to about $140,000 for a willful violation.
“The Daily Wire will not comply with President Biden’s tyrannical vaccine mandate, and we are suing the Biden Administration to put a stop to their gross overreach,” Daily Wire Co-Founder and Co-CEO Jeremy Boreing said at the time. “President Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health. They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree.”
The Daily Wire also launched a petition for Americans to sign and show support for The Daily Wire in its legal battle against the Biden administration. The petition has now surpassed more than 740,000 signatures and continues to grow.
In addition, the company’s hashtag “#DoNotComply” trended on Twitter following the lawsuit’s release after The Daily Wire announced a legal challenge to President Joe Biden’s vaccine mandate on some private businesses.
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Source: Dailywire
